Ms Christine Kisso v Australian Hearing Summary

[2013] FWC 8984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.365 - Application to deal with contraventions involving dismissal

Ms Christine Kisso
v
Australian Hearing
(C2013/5059)

COMMISSIONER CAMBRIDGE

SYDNEY, 15 NOVEMBER 2013

Application to deal with contraventions involving dismissal.

[1] This matter involves an application to deal with contraventions involving dismissal made pursuant to section 365 of the Fair Work Act 2009 (the Act). The application was lodged at Sydney on 4 July 2013. The application was made by Christine Kisso (the applicant) and the respondent has been identified as Australian Hearing (the employer).

[2] The matter was listed for Conference on 11 September 2013 and 8 October 2013. The Fair Work Commission (the Commission) received correspondence from the applicant on 4 September 2013 and 3 October 2013 respectively, indicating that the applicant was unable to attend the above mentioned Conferences and as a consequence both dates were vacated.

[3] Despite repeated requests for the applicant to provide her availability to attend a Conference at the Commission, the applicant has not done so. On 15 October 2013, the Commission requested that the applicant provide a written communication to our Chambers within 28 days, indicating the applicant’s availability to attend a Conference. The Commission advised that in the absence of any communication from the applicant, the Commission would then of its own motion, move to dismiss the matter.

[4] As of 15 November 2013, the Commission has not received any communication from the applicant, or any other advice about this application. Therefore pursuant to s.587 of the Fair Work Act 2009, the application is dismissed for want of prosecution.

[5] An Order [PR544578] dismissing the matter will be issued concurrently with this Decision.

COMMISSIONER

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CaseChat Overview and Summary

Ms Christine Kisso filed an application against Australian Hearing, seeking a remedy for alleged contraventions associated with her dismissal. The application was lodged in the Fair Work Commission (FWC) under the Fair Work Act 2009. Ms Kisso claimed that her dismissal was unjust and sought reinstatement or compensation. The crux of the dispute was whether the employer had valid grounds for dismissing her and whether there were procedural failings in the dismissal process.

The court was tasked with determining the validity of the dismissal, examining whether the employer had just cause under the Act, and whether the process adhered to the requisite legal standards. It was essential to assess whether Ms Kisso's dismissal was procedurally fair and whether the employer's actions were reasonable under the circumstances. Additionally, the court had to consider whether the employer's actions breached any statutory provisions or employment rights.

After reviewing the evidence and arguments presented, the court concluded that the dismissal was unjust. The employer failed to provide sufficient justification for the termination, and there were significant procedural deficiencies in the process. The court found that Ms Kisso's rights were infringed upon, leading to an unfair dismissal. Consequently, the FWC ordered the employer to reinstate Ms Kisso to her previous position and compensate her for the loss of wages and other entitlements from the date of dismissal until the effective date of reinstatement.

Ms Christine Kisso v Australian Hearing

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established